RE: [Videolib] Video art and online collections

Brewer, Michael (brewerm@u.library.arizona.edu)
Fri, 7 Sep 2007 15:35:25 -0700

If these are unpublished, then you can make preservation/security copies
in digital format as long as they are not made available to the public
outside of the library. I don't think the law says anything about how
those digital copies can be used within the library (so they could be
used as viewing copies, in order to preserve the originals).

mb

Michael Brewer

Slavic Studies, German Studies & Media Arts Librarian

University of Arizona Library

brewerm@u.library.arizona.edu

-----Original Message-----
From: owner-videolib@lists.berkeley.edu
[mailto:owner-videolib@lists.berkeley.edu] On Behalf Of
ghandman@library.berkeley.edu
Sent: Friday, September 07, 2007 2:34 PM
To: videolib@lists.berkeley.edu
Subject: Re: [Videolib] Video art and online collections

Hi

Well, limiting to on-campass use may give you a few points in terms of
good faith efforts to do the right thing, but limiting access does not,
per se, sidestep rights issues.

gary

> Thanks for the links and info. I'll continue to dig the limited paper
> docs we have and I may have to move on to contacting the artists for
> educational use. I wonder if we digitize and limit access to
> on-compass computers changes our options.
>
> Bryan
>
>
> Quoting Gary Handman <ghandman@library.berkeley.edu>:
>
>> Well, the deed of gift may not tell you much, either.
>>
>> When the individuals on the tapes were taped, they agreed to have
their
>> images recorded and for the piece of media to be distributed and
shown
>> in a particular manner. They most certainly didn't sign off on web
>> distribution. You'd also have to see what the TV station that
>> originally gifted these has to say about digitizing and delivering
>> their content.
>>
>> There's not much to know about copyright and TV. The law allows
>> individuals to make off-air copies for personal (i.e. home) use (see
>> Sony v. Universal: http://www.nyfairuse.org/legal/betamax.html). The
>> Kastenmeir Guidelines
>> (http://www.lib.berkeley.edu/MRC/Kastenmeier.html) make some
>> (extra-legal) provisions for taking materials off-air for limited
>> amounts of time for use in teaching. Beyond that, it's really the
>> rights owner's ballgame. You need rights to capture and retain,
>> rebroadcast or transmit, repurpose, or otherwise use TV content
(except
>> as noted above).
>>
>> g.
>>
>>
>> At 08:08 AM 9/7/2007, you wrote:
>>> Hi Gary,
>>>
>>> The problem is that I've been unable to track down a deed of gift.
>>> And I'm sure some of the video content exists at other institutions.
>>> The videos were originally broadcast on a NEA funded tv station, so
>>> I'm looking for rights waivers. Its possible due to the context of
>>> their showing, and that we have all tapes from the station, that we
>>> should be able to use the content. I'm looking for resources to
help
>>> me understand copyright on video and broadcast. ANy suggestions?
>>>
>>> Bryan
>>>
>>>
>>> Quoting ghandman@library.berkeley.edu:
>>>
>>>> Hi Bryan
>>>>
>>>> I assume you've cleared rights and/or purchased licenses to do what
>>>> you
>>>> plan to do. You can't just "publish digitally" if the stuff is
under
>>>> current copyright. Yes?
>>>>
>>>> Gary Handman
>>>>
>>>>
>>>>
>>>>> Hello,
>>>>>
>>>>> I'm putting together a plan to build a digital collection of some
>>>>> our
>>>>> video art holdings in special collections. There are some works
and
>>>>> interviews of major artists and I am finding it difficult to
locate
>>>>> resources that would help me understand the extent to which we can
>>>>> publish these works digitally. Any feedback is greatly
appreciated.
>>>>>
>>>>> --
>>>>> Bryan Stusse
>>>>> School of Library &
>>>>> Information Science
>>>>> University of Iowa
>>>>> 3087 Main Library
>>>>> Iowa City, Iowa
>>>>> 52242-1420
>>>>>
>>>>> VIDEOLIB is intended to encourage the broad and lively discussion
of
>>>>> issues relating to the selection, evaluation,
>>>>> acquisition,bibliographic
>>>>> control, preservation, and use of current and evolving video
formats
>>>>> in
>>>>> libraries and related institutions. It is hoped that the list will
>>>>> serve
>>>>> as an effective working tool for video librarians, as well as a
>>>>> channel of
>>>>> communication between libraries,educational institutions, and
video
>>>>> producers and distributors.
>>>>
>>>>
>>>> Gary Handman
>>>> Director
>>>> Media Resources Center
>>>> Moffitt Library
>>>> UC Berkeley
>>>>
>>>> 510-643-8566
>>>> ghandman@library.berkeley.edu
>>>> http://www.lib.berkeley.edu/MRC
>>>>
>>>> "In societies where modern conditions of production prevail, all of
>>>> life
>>>> presents itself as an immense accumulation of spectacles."
>>>> --Guy Debord
>>>>
>>>>
>>>> VIDEOLIB is intended to encourage the broad and lively discussion
of
>>>> issues relating to the selection, evaluation,
>>>> acquisition,bibliographic control, preservation, and use of current
>>>> and evolving video formats in libraries and related institutions.
It
>>>> is hoped that the list will serve as an effective working tool for
>>>> video librarians, as well as a channel of communication between
>>>> libraries,educational institutions, and video producers and
>>>> distributors.
>>>
>>>
>>>
>>> --
>>> Bryan Stusse
>>> School of Library &
>>> Information Science
>>> University of Iowa
>>> 3087 Main Library
>>> Iowa City, Iowa
>>> 52242-1420
>>>
>>>
>>> VIDEOLIB is intended to encourage the broad and lively discussion
>>> of issues relating to the selection, evaluation,
>>> acquisition,bibliographic control, preservation, and use of current
>>> and evolving video formats in libraries and related institutions.
>>> It is hoped that the list will serve as an effective working tool
>>> for video librarians, as well as a channel of communication between
>>> libraries,educational institutions, and video producers and
>>> distributors.
>>
>> Gary Handman
>> Director
>> Media Resources Center
>> Moffitt Library
>> UC Berkeley
>> ghandman@library.berkeley.edu
>> http://www.lib.berkeley.edu/MRC
>>
>> "In societies where modern conditions of production prevail, all of
>> life presents itself as an immense accumulation of spectacles."
>>
>> --Guy Debord
>>
>> VIDEOLIB is intended to encourage the broad and lively discussion of
>> issues relating to the selection, evaluation,
acquisition,bibliographic
>> control, preservation, and use of current and evolving video formats
in
>> libraries and related institutions. It is hoped that the list will
>> serve as an effective working tool for video librarians, as well as a
>> channel of communication between libraries,educational institutions,
>> and video producers and distributors.
>
>
>
> --
> Bryan Stusse
> School of Library &
> Information Science
> University of Iowa
> 3087 Main Library
> Iowa City, Iowa
> 52242-1420
>
>
> VIDEOLIB is intended to encourage the broad and lively discussion of
> issues relating to the selection, evaluation,
acquisition,bibliographic
> control, preservation, and use of current and evolving video formats
in
> libraries and related institutions. It is hoped that the list will
serve
> as an effective working tool for video librarians, as well as a
channel of
> communication between libraries,educational institutions, and video
> producers and distributors.
>

Gary Handman
Director
Media Resources Center
Moffitt Library
UC Berkeley

510-643-8566
ghandman@library.berkeley.edu
http://www.lib.berkeley.edu/MRC

"In societies where modern conditions of production prevail, all of life
presents itself as an immense accumulation of spectacles."
--Guy Debord

VIDEOLIB is intended to encourage the broad and lively discussion of
issues relating to the selection, evaluation, acquisition,bibliographic
control, preservation, and use of current and evolving video formats in
libraries and related institutions. It is hoped that the list will serve
as an effective working tool for video librarians, as well as a channel
of communication between libraries,educational institutions, and video
producers and distributors.

VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.